Under the Individuals with Disabilities Education Act (IDEA), parents of children with disabilities have a right to access "all records" about their children. In G.C. v. Capital School District, a parent has argued that this right allows parents to access emails that school-district staff send about their children. A federal district court agreed with the [...]
Under the Individuals with Disabilities Education Act (IDEA), parents have a right to access their child's educational records. That is a critical right. Parents need their child's records to understand her special-education program and to participate as an equal member of her Individualized Education Program (IEP) team. In a recent case, Sandra S. v. Upper Darby [...]
When a child faces discrimination, does the child’s right to sue depend on whether a parent takes prompt action, or may the child wait until adulthood and sue then? On March 10, 2020, in oral arguments before the Pennsylvania Supreme Court, Dave Berney, Esq., argued that the limitations period must stop for minors facing discrimination [...]
This week, associate attorney Robin Lipp published an article in the Legal Intelligencer surveying distressing signs in Philadelphia’s public schools. The article concludes that Philadelphia needs more state funds to address its basic problems, and that an ongoing lawsuit under the Pennsylvania Constitution will clarify the state’s legal obligation to provide adequate and equitable funding. [...]
This month, a family represented by partner David J. Berney prevailed in a special education due process hearing before the Pennsylvania Office of Dispute Resolution. The family sued their child’s school district, alleging that it violated the child's right to a free and appropriate public education under the Individuals with Disabilities Education Act. With Dave’s [...]
Berney & Sang is excited to announce that Robin Lipp, Esq., is joining the firm as an associate attorney. He brings to the firm his recent experience clerking for the Honorable Cathy Bissoon of the United States District Court for the Western District of Pennsylvania. Robin earned his Juris Doctor from Harvard Law School and [...]
This is a guest post, authored by DisabledParents.org, a site dedicated to assisting parents who have disabilities. Raising and caring for a special needs child is incredibly rewarding and enriching. Boston University notes, however, that it’s not without its challenges. Ensuring that your child can enjoy the highest possible quality of life will take a bit [...]
If your child receives special education services, she is protected by the Individuals with Disabilities Education Act (IDEA). The IDEA is a federal law that was passed in 1975 “to ensure that all children with disabilities have available to them a free appropriate public education that emphasizes special education and related services designed to meet [...]
Last week, senior associate Kevin Golembiewski published Compensatory Education Can Help Realize Promise to English Language Learners in the Legal Intelligencer. In the article, Kevin explained that the Equal Educational Opportunities Act (EEOA), a federal law that guarantees English Language Learners (ELLs) equal educational opportunity, allows courts to award ELLs compensatory education when school districts deny [...]
The Pennsylvania Commonwealth Court announced today that it will hear en banc Wible v. School District of Philadelphia, Berney & Sang's landmark student-on-student bullying and harassment case. The Court scheduled oral argument for November 13, 2019 at 930AM in the Commonwealth Court's Philadelphia courtroom. In the case, Berney Sang represents Amanda Wible, a Philadelphia student [...]
